An Overview of Family Law in Oklahoma
No matter where people live, the reality is that relationships don’t always work out like we think they will. Because of this, family law deals with the legal issues related to marriage. Family law in Oklahoma is guided by state law, meaning that most issues are addressed at the district court level under title 10 section 30 of the Oklahoma Statutes. However, some family law issues fall under other state laws, such as property, contracts, and criminal law, for example.
Divorce is the most common family law issue in Oklahoma. In general, state law allows a divorce to be granted because of irreconcilable differences, insanity, abandonment, adultery, extreme cruelty, imprisonment, and felony conviction. Child custody is another common family law issue handled by courts. However, custody issues may involve considerations of child welfare and state laws regarding children, as well as family law issues . If the parents share joint legal custody, they are considered custodial parents and share physical custody of the child. Courts in Oklahoma award alimony on a case-by-case basis. Any alimony granted is intended to help one spouse achieve self-sufficiency, similar to what would have existed had the couple not divorced. The length of alimony payments is based on factors including who is to blame for the divorce, the health and needs of both spouses, and the ability of each spouse to support him- or herself after the divorce.
Judges are responsible for ensuring that marital property is divided equitably between the spouses. In many cases, dividing real estate and other assets between couples can be complicated, and judges generally work with both parties on the decision. Oklahoma offers various ways to resolve family disputes, including mediation, which may allow parents to set their own rules and guidelines for visitation and residency for their children.
Why It is Crucial to Choose a Local Family Lawyer
The importance of hiring a Local Family Law Attorney in Lawton, Oklahoma cannot be overstated. Understanding the local court procedures, state laws, and the family law judges in the area will help you get through the various stages of your legal matter. Having a Lawton/Oklahoma attorney handle your case will also allow you to find out more about your options throughout your divorce or custody situation.
The family law system can be complex, particularly when one or more children are involved. One never knows when a family law matter may arise. You also don’t know how long it will take for the process to be complete. Having confidence in your lawyer, their abilities, and their understanding of your case is important. Having help from a talented, professional family law attorney will reduce your stress levels while granting you clear answers to all your questions.
Family law matters include divorce, child support, child custody, spousal support, division of property & debt, visitation with children, paternity, and complex issues not easily understood. Many citizens try to handle their own affairs once they have become separated from their partners. We don’t recommend doing this, as an experienced lawyer can help keep your costs down, help you avoid playing the blame game, and show you how to negotiate without setting off a war.
Choosing a Family Attorney in Lawton
To find the right Lawton family law attorney, there are several important criteria you should consider before making your final selection. Take a moment to examine these factors: When selecting Lawton family law attorneys, experience is key. An attorney with years of courtroom experience will have a sound knowledge of the law as it applies to each of the issues surrounding your case. In addition, attorneys who have practiced in a particular field of law have likely been involved with a great many cases that are similar to your own. And, of course, knowledgeable attorneys are usually more experienced at how they handle cases. In addition to the attorney’s experience, his or her track record is another important factor. Ask the attorney for client testimonials – written or verbal – and for a list of past cases he or she has handled. The attorney should also be able to provide you with a summary of his or her success rate and list of case results. One of the greatest benefits of working with a specialized attorney is that he or she is likely to have a great deal of experience and expertise in their specialty. Look for Lawton family law attorneys with a particular relevance to your case. For example, the following issues could influence which lawyer you choose: It is always a good idea to interview Lawton family law attorneys to determine who is the most suitable lawyer for your case. This gives you a chance to get to know someone who may ultimately be your legal advocate. Prepare a list of questions that you feel are appropriate to ask during a consultation session. Ask about the attorney’s experience and success rate, as well as any other information that you can glean from the interview. Take some time to consider the attorney’s answers and whether or not you feel comfortable with them. Speak with several Lawton family law attorneys in consultation sessions to ensure that you are fully comfortable with your final selection for choosing a family lawyer.
The Leading Family Law Firms in Lawton
In your search for the best Lawton family law attorneys, some of the most prominent firms in the area specialize in various aspects of divorce and child custody. With years of experience serving the family law community, these Lawton County firms have established powerful credentials and are respected throughout the region. Some of the top family law firms in Lawton include:
Burch Law
The Burch Law firm has been serving the Lawton community for over a decade. Operating out of their Lawton office, this firm serves clients in all stages of family law, including divorce, post-divorce activities such as child custody and property agreements, paternity cases, and estate planning and management. Attorneys James Burch and Melinda Baker operate this full-service law firm out of a single office serving private clients in Oklahoma and Texas.
Jillian L. Paine PLLC
The Lawton law office of Jillian L. Paine specializes in all aspects of family law. Besides providing exceptional representation for plaintiffs and defendants in divorce proceedings, this firm specializes in difficult child custody cases as well as state and federal criminal cases involving allegations of domestic violence or sexual assault. The firm also assists clients with establishing legal guardianship , pre-nuptial agreements, and paternity testing and cases. To schedule a consultation, clients can reach the firm directly at (580) 695-7575.
Robert D. Martin and Associates
The Lawton office of Robert D. Martin and Associates has served the legal needs of the Lawton community for over 40 years. With a dedication to providing exceptional services and a wide variety of legal disciplines and specialties, Robert D. Martin’s office has become one of the most trusted names in the area. The Lawton office specializes in complex child custody and property division cases, guiding divorce cases from inception to conclusion.
Rosenstein Fist & Rangno, PLLC
The Lawton office of Rosenstein Fist & Rangno primarily focuses on providing the best representation for individuals facing family legal challenges. Whether you’re seeking help with property division, child custody and support, spousal support, or pre-and post-nuptial agreements, this office has decades of experience serving the needs of the Lawton community. The Lawton office can be reached by calling (580) 355-4343.
What to Anticipate in a Family Law Case
The process begins at the initial consultation, which is probably a no-charge meeting with your family law attorney. You are given the opportunity to explain the issues facing your family and what you hope to accomplish. The attorney will go through the possible next steps with you. If you decide you want to proceed with the case, including filing the action with the court, it will be necessary for the attorney to draft a petition. This petition should include all information about your situation and make clear what you are asking the court to do.
The petition is filed with the court and a summons is served on the other party. That can take place by a private process server or by the Sheriff’s office. The other party will then be allowed a certain number of days to respond to the petition that has been filed with the court. When the petition has been filed, the court will set an initial hearing. At that hearing, each party will be required to provide much of the information requested on the information sheet, including information about income, education, income producing property, assets and liabilities. This hearing is generally done at a time when both parties have agreed to mediation.
After the initial hearing, the court will allow a period of time for the parties to mediate the issues, with a judge making the final decision if they cannot agree. The mediation may be done before a private mediator or plaintiff’s attorney or through the court system. Mediation may go on for a number of court appearances. If no agreement can be reached, the parties may begin to prepare for trial by completing discovery and continuations. Before the matter is set for trial, it will be necessary to complete Form 9. This form has two sections, Information Sheet and Child Support Calculations. The form must be filed with the court at least three days before trial.
Child support calculations must be included for each child 18 years of age or older. If there is a dispute over custody, psychological evaluations must be filed and witnesses heard. If the parties agree, once the case is settled, the case is concluded.
There are many other forms that must be filed with the court through the life of the case. A lawyer will make sure that the right forms are filed at the right stage of the case. Having the right lawyer on your case from initial filing through court proceedings will give you the best opportunity at a positive outcome. Avoid hiring a family law attorney who wants more money up front to handle the case through trial. That does not mean he or she will do a better job, it only means you will have to pay more money. Cases that go to trial are extremely expensive and take a toll on the parties. However, if represented, you will know that your lawyer will not charge you more money than is necessary to get the case to trial and protect your rights.
Family Law Resources in Lawton
A number of resources in and around the Lawton area offer individuals and families some added assistance as they navigate through various family-related legal matters. One of the best is Legal Aid Services of Oklahoma, which has a regional office located in Lawton. This group provides free legal services for low-income individuals across Oklahoma in a variety of legal matters, including family law and veteran’s issues. The organization helps with the completion of forms, attends court hearings and provides information on legal options to help individuals resolve matters. The Lawton Bar Association (LBA) offers lawyers for hire, but it also provides individuals with helpful information when looking for representation. A robust listing of available attorneys for hire can be found on the LBA website , along with other helpful details on what services each attorney offers. Neighborhood Services Organization of Greater Oklahoma City provides several social service resources to low-income residents of Lawton and the surrounding region. Among the services it provides is housing assistance for those in need. Lawton Advancement Coalition, Inc. (LAC) offers information to those in the region on various social services offered to Lawton area residents. LAC also offers housing authority referrals. The United Way of Greater Lawton Area provides various social service referrals on a daily, weekly or yearly basis depending on the type of service needed.